Committee advances temporary mobile-caterer permit to help restaurants during seismic retrofits

The San Francisco Board of Supervisors' Transportation Committee on Nov. 27 moved forward an ordinance that would allow restaurants that must close for mandatory seismic retrofits to operate affiliated food trucks near their shuttered locations under a new temporary mobile-caterer permit. Chair Katie Tang called the item early in the meeting so the presenter could attend another commission.

The ordinance, introduced at the request of Supervisor Mandelmann, would amend the Public Works Code to create a temporary permit allowing affected restaurants to operate food trucks during construction related to a mandatory soft-story seismic retrofit. Regina Dickendriese of the Office of Small Business and staff from Public Works said the temporary caterer would not be subject to existing location restrictions related to middle and high schools, would be permitted to operate within 50 feet of the restaurant under the same name and brand, and could operate the same hours and days as the affiliated restaurant. The presenters said temporary mobile caterers would not be subject to the usual notice-and-hearing procedures for mobile food facilities, though Public Works permitting decisions could be appealed to the Board of Appeals.

San Francisco Public Works reported there are 1,007 tier-4 properties citywide (ground-floor commercial properties subject to the mandatory soft-story retrofit) and that 285 had completed retrofits; staff estimated roughly 10—6 businesses might be able to use the temporary permit. Jeremy Spitz of Public Works said the department removed a posting requirement to streamline issuance and would accept an affidavit that an applicant mailed notice to nearby restaurants within 75 feet; issuance would follow receipt of that affidavit. He also said applicants could file for the temporary permit before receiving a Department of Building Inspection (DBI) retrofit permit, but the temporary permit would not be issued until DBI approval was in place.

Deputy City Attorney John Givner told the committee the city charter preserves the Board of Appeals' authority to review permit actions, so the ordinance could not remove appealability. Supervisor Asha Safai pressed staff on timing and whether the appeal process could frustrate the ordinance's intent to provide quick relief; staff said the process was designed to be expedited and that the director could grant extensions when state or local deadlines change.

No members of the public spoke on the item. A committee member moved to forward the ordinance with a recommendation to the full Board; the motion carried without objection. The ordinance, as presented, includes a sunset of Jan. 1, 2021, but provides that if the state or local compliance deadline for soft-story retrofits is extended, the temporary permit would expire one day after that extended deadline.